Morning journal and courier., 1887-09-27
THE COURT RECORD.


 Probate COurt-Judge Robertson.
 The contest over the will of the late Rufus Smith, the well known liveryman who died recently, began in the Probate court before Judge Robertson yester day morning. In his will the deceased bequeathed to his sister Mrs. Martha Van Buren of Litchfeld, two fths of his estate, and two-fifths to Mrs. Andrew Kennedy, wife of Fire Marshal Kennedy of this city. No provision for his wife or Mrs. Addi- son T. Hall of this city his daughter, was made by the will, that the former was given the horse and carriage and that instructions were given not to charge up moneys given the daughter during his life The remaining fifth of his property was to be devoted to cemetery purposes. Of course, such 8 studied forgetfulness as displayed in their re- gard by the deceased in the disposal of his property rather nettled his wife aud daughter, and the out come that they decided to oppose the probating of the will.
 State Attorney Doolittle appeared in support of the will and Attorney Webb of the firm of filling & Webb appeared for the contestants.
 City Attorney Hugh Daley, who drew up the He told how he came to draw up the will and the attending circumstances, as well as what was in Mr. Smith was of sound and disposipg mind, and he struck Mir. Dailev as being all right mentally up to the deceased said he did not want to leave property to her as it would benefit her husband, Addison T. gave as the reason for his beguest to Mrs. Kennedy that she and her husband and daughter had been
 J. D. Plunkett and A. P. Huntington, the wit to the will, testified that they believed MT Smith to have been of sound mind at the time the will made: MT. Doolitte rested his side of the case at this point.
 not mentally capable of making a will.
 Frank A. Newton, the barytes manufacturer, was that II he had considered MT. Smith childish for long time. As one instance witness mentioned that the deceased occasion cried because MT Lewis D. Chidsey would not take some fruit up to Plymouth to his wife and daughter. Witness did fbo Ioon cod n transact
 William R. Sawyer did not believe that Smith was
 One of the most interesting features of the will is the care with which the deceased provides for the future of his old and favorite horse Bassett, which he had owned for many years, and to which he had become much attached He beaueathed it to iaI his that 1t should be used in the livery business
 Pr Wtam ts Anderson was @ the sse rot cour ae had known the deceased for five years ana had d not ns h mind When he him last professionally, which was on the sth or eeppd bis eapacty by the 18th of September, the time the will was drawn Aecerd- from fre oU chronic m alcoholism. pr Wheeler and Dr Bissell testified to Smiths hallucinations. City Court - Criminal Side - Judge Pickett.
 Breach of the peace-James Whalen, jr., contin. ued to September @7; Charles Chapman s fine
 Keeping house of in-fame-James Moran, s1oc R siding in same-Mary Fitzpatrick, g. fine, 1t
 days jail; Louise Morten g fine, 10 days in jail Non-support of wife-Elmer F. Culver, continued to October 26 Oliver J. Penney, 30 days in jail oi give bond of $l00
 Tbeft-James Whalen, jr., discharged. Injury to building-Royal Angus, $10 fine, $7.0e costs.
 Burglary Francis Carr. Joseph Tanning. .jr. Daniel Tanning, Charles Daley, James Tanning I Pierce J. Dorney, continued to September 29. ! Interfering with an offcer-William J. Hill, con | tinued to September 27.
 Court Notes. I Judge Deming of the Court of Common Plea
 temporarily transferred the court to Derby yester | day where he heard the case of King vs. Aheln. | is partnership case in which many voluminou
 books and records hard to move are involved so tn l court went to the testimony.
 | FOR KEEPING DIsoRDERLY HOUSE. James Moran of Fair street, whose house wa | raided, was fined $100 and sentenced to thirt | days in jail by the City court yesterday mornip | for keeping house of ill-fame.